Goto Section: 1.331 | 1.334 | Table of Contents
FCC 1.333
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 1.333 Requests for issuance of subpena.
(a) Unless submitted on the record while a hearing is in progress, requests
for a subpena ad testificandum shall be submitted in writing.
(b) Requests for a subpena duces tecum shall be submitted in writing, duly
subscribed and verified, and shall specify with particularity the books,
papers, and documents desired and the facts expected to be proved thereby.
Where the subpena duces tecum request is directed to a nonparty to the
proceeding, the presiding officer may issue the same, upon request, without
an accompanying subpena to enforce a notice to take depositions, provided
for in paragraph (e) of this section, where it appears that the testimony of
said person is not required in connection with the subpena duces tecum.
(c) All requests for subpenas shall be supported by a showing of the general
relevance and materiality of the evidence sought.
(d) Requests for subpenas shall be submitted in triplicate, but need not be
served on the parties to the proceeding.
(e) Requests for issuance of a subpena ad testificandum to enforce a notice
to take depositions shall be submitted in writing. Such requests may be
submitted with the notice or at a later date. The request shall not be
granted until the period for the filing of motions opposing the taking of
depositions has expired or, if a motion has been filed, until that motion
has been acted on. Regardless of the time when the subpena request is
submitted, it need not be accompanied by a showing that relevant and
material evidence will be adduced, but merely that the person will be
examined regarding a nonprivileged matter which is relevant to the hearing
issues. The subpena request may ask that a subpena duces tecum be
contemporaneously issued commanding the person to whom it is directed to
produce designated books, papers, documents, or tangible things which
constitute or contain evidence relating to any of the matters within the
scope of the examination permitted by Sec. 1.311(b) but in that event the
subpena request will be subject to the provisions of Sec. 1.313 and paragraph
(b) of this section.
(f) Requests for issuance of a subpena duces tecum to enforce an order for
the production of documents and things for inspection and copying under
Sec. 1.325 may be submitted with the motion requesting the issuance of such an
order. Regardless of the time when the subpena request is submitted, it need
not be accompanied by a showing that relevant and material evidence will be
adduced, but merely that the documents and things to be examined contain
nonprivileged matter which is relevant to the subject matter of the
proceeding.
[ 28 FR 12425 , Nov. 22, 1963, as amended at 33 FR 466 , Jan. 12, 1968; 47 FR 51873 , Nov. 18, 1982]
Goto Section: 1.331 | 1.334
Goto Year: 2006 |
2008
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